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Zipcar, which offers car rentals by the hour or the day, is listed as a defendant in a lawsuit. The suit faults Zipcar for allegedly failing to provide proper securing devices for cargo.
(The Associated Press/2007)

A bicyclist who claims he was knocked to the ground by a mattress that flew out of the back of a pickup along a North Portland street is suing Zipcar for $999,999 -- saying the company rented the truck without providing proper gear to secure cargo.

The lawsuit, filed this week in Multnomah County Circuit Court, also faults the driver and the nonprofit organization, Outside In, for which he was hauling the mattress, according to the suit.

According to the suit, on Aug. 1, 2012, Karl Gierga was pedaling along North Interstate Avenue in the marked bike lane when Ian Bruce, who was working for the homeless youth organization, came speeding by.

"(The mattress) flies out of the back because it's not strapped down as far as we can tell," said Portland attorney Mark Ginsberg, who represents Gierga. "It lands on Mr. Gierga with no warning. He's riding his bicycle, and out of the blue he gets attacked by a mattress."

Gierga suffered neck and back injuries that required surgery, a closed head injury, an injured elbow, bruises, cuts and torn muscles and ligaments throughout his body, the suit states.

The suit seeks $85,000 in medical expenses, and $15,000 in lost income. In addition to those costs, Gierga seeks almost $900,000 in pain and suffering.

The suit alleges that Bruce failed to adequately secure his load as required by ORS 818.300. The suit also faults Zipcar for allegedly renting the truck "without providing a meaningful way of securing cargo when defendant Zipcar knew or should have known that such vehicle would be used to haul items."

According to Zipcar's website, it provides $300,000 of liability coverage per accident for drivers who are 21 or older and follow the company's rules for renting. Drivers are responsible for the first $750 of damages, unless they signed an optional damage-fee waiver.

Liberty Mutual, the insurance company responsible in this case, offered Gierga no money, Ginsberg said, so Gierga had no choice but to file a lawsuit.

Representatives from Outside In and Zipcar couldn't immediately be reached for comment.